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About the Amicus Library
Welcome to the Amicus Project library. Here you will find copies of the 400+ legal briefs United Policyholders has filed as an "amicus curiae" (friend of the court) since 1991. We file amicus briefs to help courts respect and effectuate consumers' reasonable expectations of coverage and reach fair results in coverage and claim dispute lawsuits. In addition to calling courts' attention to helpful legal precedents, UP helps judges consider the impact of their decisions on people and businesses that suffer dire consequences when insurance companies put their own profit motives ahead of their customers' best interests.
The United Policyholders Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write, review and edit our briefs. Click here to view the attorneys who make up our Amicus Project Team.
To request that UP weigh in on a case, please complete this Request Form.
UP chronicled our Amicus Project in a 2011 report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights"
Amicus Library
Year:
2018
Court:
California Court of Appeal, First Appellate District, Division Two
Issue:
Post Claims Underwriting
State:
California
UP wrote in opposition to a writ sought by the insurance company that would overturn a trial court ruling that held that an insurance company may not rescind a long term care insurance policy... Read more
Year:
2018
Court:
New York Court of Appeals
Issue:
Allocation and Contribution, Unavailability of Insurance
State:
New York
In the case of indivisible long-tail injury claims that have a latent manifest, the "all sums" approach protects the policyholder from litigating with every insurer that may have liability.
Year:
2017
Court:
Pennsylvania Supreme Court
Issue:
Contract Interpretation, Environmental Liabilities, Trigger of Coverage
State:
Pennsylvania
UP appeared with other amici (Alco Industries, Inc., Allegheny Technologies, Inc. Ampco-Pittsburgh Corporation Arkema Inc., Bimbo Bakeries USA, Inc.
Year:
2017
Court:
Louisiana Supreme Court
Issue:
Statute of Limitations, Bad Faith
State:
Louisiana
Under Louisiana law (statute), a policyholder's coverage claim against its insurer should be subject to a 10-year prescriptive period.
Year:
2017
Court:
Colorado Supreme Court
Issue:
Pre-judgment interest, Garnishment proceedings
State:
Colorado
Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Negligent or Reckless Speech
State:
California
Insurance policies rarely, if ever, exclude coverage for negligent or reckless conduct.
Year:
2017
Court:
U.S. District Court, District of Arizona
Issue:
Estoppel of Coverage Defenses, Tripartite Relationship/Privilege
State:
Arizona
When an insurance company obtains confidential information from coverage counsel for the insured, it is estopped from asserting coverage defenses based upon the improperly obtained information.
Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Absolute Pollution Exclusion, Duty to Defend
State:
Oregon
The duty to defend is broader than the duty to indemnify. It is the most fundamental duty of a liability insurer.
Year:
2017
Court:
California Supreme Court
Issue:
Allocation and Contribution, Excess Insurance
State:
California
UP submitted letters requesting depublication of the appellate decision and supporting review by the California Supreme Court.
Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Reasonable Expectations, Coverage and Exclusions
State:
California
Fundamental principles of California insurance law ensure that coverage exclusions are construed narrowly to avoid defeating the mutual intentions of the parties and, particularly, the reasonable... Read more